Junkyards

THE TOWNSHIP OF _________, _________ COUNTY, MICHIGAN, ORDAINS:

Section 1:
No person, corporation, member or members of a co-partnership or firm shall engage in the business of purchasing, selling, exchanging, storing or receiving second-hand articles of any kind, such as cast iron, old iron, old steel of any kind, tool steel, aluminum, copper, brass, lead pipe or tools, lighting and plumbing fixtures, old machinery and automobiles stored for the purpose of dismantling, or conducting a place for the dismantling of automobiles in the Township of ________ without a license from the Township Board of said _________ Township.

Section 2:
Every person desiring to engage in the business of junk as herein specified in said Township and all those now engaged in said business in said Township shall make application in writing to the Township Board, specifying the street and building and street number or road of the premises on which said person intends to carry on said business.

Section 3:
After such application shall be granted, and before a license shall be issued thereon, persons engaged in said line of business shall pay into the treasury of said Township the sum of $25 per annum as license fee before such license shall be issued. Every person engaged in said junk business as specified in the ordinance after the first Monday in July in any year shall pay a pro-rate portion of the yearly license fee for the remainder of the year ending on the first Monday of July next ensuing; and in computing the time of such fractional part of a year for which a license is required, the same shall commence on the first day of that month in which said business shall be commenced. But no license fee shall be less than one-fourth of the yearly license fee. All licenses granted under the ordinance shall expire on the first Monday in July after the same have been granted.

Section 4:
Whenever the Township Board shall have determined to grant a license to such applicant or applicants upon a receipt of the Treasurer of said Township for the license fee, the said Clerk shall issue to said person or persons a license under the seal of the Township in which it shall be stated that the same is recoverable at any time by the Township Board of said Township, for such time as the Township Board shall prescribe. Before the said Township Clerk shall issue any such license, he/she shall record the same in a book to be provided for that purpose.

Section 5:
No person or persons licensed as junk dealers as designated in this ordinance shall by virtue of one license keep more than one house, shop, store, or place for such business; provided, however, that such person or persons may remove from one place of business to another in said Township by giving an immediate notice in writing to the Township Clerk of said Township specifying the building, number and street or road to which removal is made, but no removal shall be made until it has been approved by the ____________ Township Board.

Section 6:
Every person or firm licensed under this ordinance shall cause his/her name or their firm name (as the case may be) with the words “Licensed Junk Dealer” to be printed or painted in large legible characters and placed over the door or entrance of such shop, office, or place of business.

Section 7:
Every person licensed to carry on a junk business in said Township shall at all times keep a book in which shall be legibly written in ink at the time of purchase or receiving any goods, articles, or things, an accurate account and description in the English language of the goods, articles or other things purchased or received, the amount therefore, the time of purchasing or receiving same, the name and address of the persons selling or leaving such goods, articles and/or things and a description of the person from whom the same were purchased or received.

Section 8:
The book provided for in Section 7 of this ordinance shall at all reasonable times be open to the inspection of the Supervisor, police officers of the Township or any member of the Sheriff’s force authorized by the Supervisor of the Township of ____________.

Section 9:
It shall be the duty of every person licensed as aforesaid upon receiving information of learning that any goods, articles or things purchased or left with him/her having been lost or stolen, to notify in writing the police officers of that fact, give the name of the person from whom he/she received the same, the time when the things were received, and all other facts connected therewith that may tend to the discovery or conviction of the thief or thieves.

Section 10:
No person licensed as aforesaid shall purchase or receive by sale, barter, or exchange or otherwise any articles mentioned in this ordinance from any person between the hours of 9 p.m. and 7 a.m. nor from any person who is at the time intoxicated or from an habitual drunkard or from any person known by said junk dealer to be a thief or an associate of thieves or receiver of stolen property, or from any person he/she has reason to suspect of being such, or from any person under the age of 16 years.

Section 11:
No junkyard shall be located on the same lot or premises as a dwelling house. No junkyard shall be located in a residential zone. No person shall conduct the business of a junkyard unless the same be located in and all the junk stored in a side building, provided however, that junk automobiles stored for the purpose of dismantling, and parts of dismantled automobiles may be stored on an open lot if said lot has a tight Board fence which shall enclose the view of said junk or dismantled automobiles from a public road or street, free from advertising except as it shall apply to the owner's business, 6½ feet in height, and all junk shall be stored inside of said fence and at no greater height than the height of the fence. No materials causing offensive odor or unsanitary conditions shall be stored on any premises where a junk business is carried on. No dismantling or salvaging operations shall be carried on at said premises on Sunday or during the hours between 8 p.m. and 7 a.m., provided however, that this provision shall not be applicable to the sale of parts and merchandise of said business.

Section 12:
Any person or persons who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed $100, or by commitment to the county jail for a period not to exceed 90 days or by both fine and commitment. Each and every day that such violation continues after notification may constitute a separate offense.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your Township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 13:
This ordinance shall become effective on the ____ day of _______.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your Township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.